Associated Ambulance & Services (Whitecourt) Ltd., Collective Agreement 2020-2025

Article 32: Grievance Procedure

1. Definition of Time Periods
   1. For the purpose of this Article and Article 33, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays, and Named Holidays specified in Article 16.
   2. Time limits may be extended by mutual agreement, in writing between the Union and the Employer.
   3. Grievance hearings shall occur when the Employee is on a scheduled working day. If the Employer chooses to schedule a meeting on a scheduled day off, the Employee shall be eligible to be compensated at their applicable rate of pay.
2. Resolution of a Difference Between an Employee and the Employer
   1. Formal Discussion
      1. If a difference arises between one or more Employees and the Employer regarding the interpretation, application, operation, or alleged contravention of this Collective Agreement, the Employee(s) shall first seek to settle the difference through discussion with their (their) immediate Supervisor.  If it is not resolved in this manner, it may become a grievance and be advanced to Step 1.
      2. In the event that the difference is of a general nature affecting two or more Employees, those so affected may have the Union, on their behalf, make written request to the Director of Operations or Designate that the grievance be batched and dealt with as a group grievance commencing at Step 1.  A request to batch such grievances will not be unreasonably denied.
   2. Step 1
      The grievance shall be submitted in writing, and signed by the Employee, indicating the nature of the grievance, the clause or clauses claimed to have been violated, and the redress sought to the Human Resources, within ten (10) days of the act causing the grievance, or within ten (10) days of the time that the Employee could reasonably have become aware that a violation of this Collective Agreement had occurred.  The decision of the Operations Managers shall be made known to the Employee and the Union within ten (10) days of receipt of the written statement of grievance.
   3. Step 2
      Within ten (10) days of receipt of the decision of the Human Resources, the grievance may be advanced to Step 2 by submitting to the Director of Operations, or their designate, a copy of the original grievance with a letter indicating that the grievance has not been resolved.  Upon receipt of this grievance, the representative of the Union shall arrange to meet with the Director of Operations or their designate to hear the details concerning the grievance.  The Director of Operations, or their designate, shall render their decision, in writing, to the Union and the grievor within ten (10) days of receipt of the written statement of grievance.
   4. Step 3
      Should the grievance not be resolved at Step 2, the Union may elect to submit the grievance to Arbitration.  In this case, the Union shall notify the Employer, in writing, within ten (10) days of the receipt of the decision of the Director of Operations or their designate, that the Union wishes to proceed to Arbitration, and at the same time, the Union shall name its recommendation for a single Arbitrator.
   5. Neither the Employee nor a representative of the Local Unit of the Union who may attend a meeting with the Employer respecting a grievance shall suffer any loss of regular earnings calculated at the basic rate of pay for the time spent at such a meeting.
   6. An Employee shall be entitled to have a representative of the Local Unit or any duly accredited Officer of the Union present during any meeting pursuant to this grievance procedure.
   7. A dismissal grievance shall commence at Step 2.
3. Resolution of a Difference Between the Union and the Employer
   1. Formal Discussion
      In the event that a difference of a general nature arises regarding interpretation, application, operation, or alleged contravention of this Collective Agreement, the Union shall first attempt to resolve the difference through discussion with the Human Resources, as appropriate.  If the difference is not resolved in this manner, it may become a policy grievance.
   2. Step 1
      A "policy grievance” is a dispute between the parties which, due to its nature, is not properly the subject of an individual or group grievance.  A policy grievance shall be submitted, in writing, to the Director of Operations or their designate and shall indicate the nature of the grievance, the clause or clauses claimed to have been violated, and the redress sought.  Such grievance shall be submitted to the Director of Operations or their designate within ten (10) days of the occurrence of the act causing the grievance or within ten (10) days of the time that the Union could reasonably have become aware that a violation of this Collective Agreement had occurred.  The decision of the Director of Operations or their designate shall be made known to the Union, in writing, within ten (10) days of the receipt of the written statement of grievance.
   3. Step 2
      Should the Union elect to submit a policy grievance as defined herein for Arbitration, it shall notify the Employer, in writing, within ten (10) days of the receipt of the decision of the Director of Operations or their designate and name its recommendation for a single Arbitrator.  
4. Default
   1. Should the grievor or Union fail to comply with any time limit in this grievance procedure, the grievance will be considered conceded and shall be abandoned, unless the parties to the difference have mutually agreed, in writing, to extend the time limit.
   2. Should the Employer fail to respond within the time limit set out in this grievance procedure, the grievance shall be considered conceded, and the remedies sought through the grievance shall be implemented unless parties have mutually agreed, in writing, to extend the time limit.
5. At any time during the grievance process, the parties may agree to alternate dispute mechanisms including mediation to resolve the issue(s).  If a Mediator provides written recommendations, each party shall notify the other of their acceptance or rejection of the recommendations.  Cost of the Mediator shall be shared by the parties.